People v. Taylor

CHIPMAN, C. Defendant was convicted of the crime of grand larceny. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

The complaining witness, an old man named Clark, resided at the state hospital, near Stockton. He came to that city on September 3, 1901, to view a circus parade. He wore a watch and chain at the time and carried a cane, and he testified that he looked at the watch at the hour of 10:30 A. M. [943]He went into a saloon at that time and had a drink, and thenceforward he knew nothing of what happened to him the remainder of that day. He recovered his senses the next morning, and found himself in jail, without his watch or chain. His cane, too, was gone. In the afternoon of September 3d the witness Gengo saw Clark and defendant walking past witness on Weber avenue, or, as witness described it, saw defendant dragging Clark along, arm in arm. Witness saw the chain of the watch hanging from Clark’s vest as they passed, and noticed that Clark had a cane. Witness saw defendant brushing or rubbing Clark’s vest as they passed, and heard defendant remark, “That’s right, old man,” or some such expression. Two or three minutes later, witness saw defendant returning from where Clark was left, and noticed that defendant had the cane carried by Clark. Almost immediately after defendant passed, witness called Officer McDiarmid, who followed defendant and took him into custody within a few minutes. On their way to the police office, defendant admitted having the watch, and attempted to bribe the officer to release him. On reaching the courthouse, McDiarmid turned defendant over to Officer Finnell to be searched. Finnell first asked defendant if he had the watch, and defendant denied having it. He then made a search, but failed to find anything; and, upon being assured by McDiarmid that the watch was somewhere on defendant’s person, Finnell made further search, and found the watch and chain in an outside coat pocket, under a handkerchief. Defendant also had Clark’s cane when arrested. Witness Gengo saw Clark immediately after defendant left Clark and passed witness with the cane, and he noticed then that Clark’s vest was unbuttoned. There was no evidence introduced on behalf of defendant. Without stating further" the evidence in the case, we think there was enough to warrant the jury in finding a verdict of guilty.

2. It is contended that it was error to admit evidence as to the cane, .and in admitting the cane itself. It is true, as contended, there was no charge that defendant had stolen the cane. The purpose of proving its possession by defendant within two minutes after he was seen walking with Clark and when he was leaving Clark was as a circumstance showing that they were together, and not to prove the commission of